Victor Mignogna v. Funimation Productions, LLC, et al. (2019) - Vic's lawsuit against Funimation, VAs, and others, for over a million dollars.

[Legioneer]

Other than catching him at or the night before the hearing which seems preferable, why are people laughing at the motion for sanctions? Any lawyer worth hiring would absolutely fire off a motion for sanctions about the notary stuff and might as well include the late filing bit while he's at it. It seems like a rather solid filing that asks for the moon. Asking for the moon while actually hoping for a slice of cheese isn't exactly a new practice in law.

I don't foresee this affecting Vic or necessarily affecting his case. I could definitely see Ty getting sanctioned over it and having to pay monetary damages commensurate with the time it took to suss out the interesting notarial practices and fees associated with filing something about it. I could also see this being bad for Ty's notary license. At least someone will finally be able to submit a good ethics complaint to the Texas Bar Association.

Imagine a game. Technically, you have the opportunity to perform 1000 actions. But each of them will cost you from 100 to 1000 dollars. And their effect varies from 10 to 0.001 points.
Let's say you have a budget of $50,000. Will you do actions that cost $500 and give you 0.003 points?

This is the answer to your question.

 

[Scarlett Johansson]

I thought you were gonna do some version of the nonary game

If Vic loses will he still get voice work offers? Or will the stigma of the case affect his career?

And if he wins....wouldn't Moronica,Jamie etc still get roles?

 

[Facts Over Feels]

You are responding to someone who joined just today, and whose first post is an immediate screed here on so-called e-celeb lawyers and concern trolling.

In other words, the thread is being concern trolled.

That may very be, but that's part of the charm of the farms......everyone can say their piece no matter how exceptional without being censored and/or dogpiled unlike shitholes like PULL and the spednaught.

 

[instythot]

Right now, the only opinion Ty needs to worry about at this time is Judge Chupp's. If what he did was just an honest mistake, Ty better be able to convince him of it.
The fact that he promptly withdrew the affidavits and replaced them with unsworn declarations may work in his favor.

"Your Honor, we put together 1200 pages including exhibits to respond to the 560 page TCPA filing. My apologies to the court, but my team and I were focused on arguments, citations and ordering the exhibits in such a way that it would be the least inconvenient for all parties and I neglected to refresh myself on requirements for sworn statements and notary procedures. As soon as opposing counsel spotted and notified me of my oversight, I withdrew the documents produced in error and replaced them with what I should have produced and submitted in the first place. I would extend my apologies to the court for my mistake, Your Honor"

 

[Urbanmech]

Other than catching him at or the night before the hearing which seems preferable, why are people laughing at the motion for sanctions? Any lawyer worth hiring would absolutely fire off a motion for sanctions about the notary stuff and might as well include the late filing bit while he's at it. It seems like a rather good enough filing that gets the point across while asking for the moon. Asking for the moon while actually hoping for a slice of cheese isn't exactly a new practice in law.

I don't foresee this affecting Vic or necessarily affecting his case. I could definitely see Ty getting sanctioned over it and having to pay monetary damages commensurate with the time it took to suss out the interesting notarial practices and fees associated with filing something about it. I could also see this being bad for Ty's notary license. At least someone will finally be able to submit a good ethics complaint to the Texas Bar Association.

May want to read it again, Lemoine wants the whole case thrown out because of it. Also it was not "The night before any hearing" the hearing is still 2 days away. And it was sussed out before any motions were filed and parties were told they were being removed so where is the damage? Lemoine is hoping he can label Ty and the people who gave the affidavits as criminals and getting their testimony and case thrown out. Lemoine would have been better off just going after Ty since he is the Notary and Lawyer instead of people who would take a suggestion from someone in a position to not question it but that would not affect the case if he did.

 

[Legioneer]

I thought you were gonna do some version of the nonary game

If Vic loses will he still get voice work offers? Or will the stigma of the case affect his career?

And if he wins....wouldn't Moronica,Jamie etc still get roles?

If Vic loses now, he'll appeal. In general, the likelihood that Vic will lose everything and will not be able to prove his point of view in any court is extremely doubtful.

If he wins, he gets the money.

The point here is that Vic's reputation is restored even during the trial. Win is not necessary, it's just a cherry on the cake.

 

[Cakeisjustok]

Other than catching him at or the night before the hearing which seems preferable, why are people laughing at the motion for sanctions? Any lawyer worth hiring would absolutely fire off a motion for sanctions about the notary stuff and might as well include the late filing bit while he's at it. It seems like a rather good enough filing that gets the point across while asking for the moon. Asking for the moon while actually hoping for a slice of cheese isn't exactly a new practice in law.

It's very weak reasoning for something that was already withdrawn. It's simply a desperate act by the defense or a padding of their billable hours. The only ones who would have recourse to complain about Ty would be those that signed the documents.

Since Ty withdrew what he notorized, by saying it was an error in form and they were resubmitted verbatim means that nothing was fraudulent about the document other then the form in which it was notorized. Since it was withdrawn before the court could weigh in on it, at most Ty could have issues with his notery license.

Couple this also with J Sean basing his pleading on a picture of someone who is not Chris and a picture posted on Twitter he can verify when it was taken. Incredibly weak for him to make a big deal out of it. He is desperate for anything he can tell sanctions at by this point.

 

[Freedom Fries]

Imagine a game. Technically, you have the opportunity to perform 1000 actions. But each of them will cost you from 100 to 1000 dollars. And their effect varies from 10 to 0.001 points.
Let's say you have a budget of $50,000. Will you do actions that cost $500 and give you 0.003 points?

This is the answer to your question.

Complaining about bad behavior of the other side is like a legitimate portion of defense attorney's work in my not a lawyer experience of working in the field. I strongly disagree, especially when it's very very possible that you will at least get filing fees back on something he probably had an assistant draft for him. You miss 100% of the shots you don't take, and I'm not seeing much if any opportunity cost here. I still think small monetary sanctions are a strong possibility, but negatively coloring the Judge's opinion of the opposing counsel itself is worth it.

Plus, never forget that the vast majority of lawyers are nasty pieces of work who love taking scalps for their trophy room.

 

[Legioneer]

Complaining about bad behavior of the other side is like a legitimate portion of defense attorney's work in my not a lawyer experience of working in the field. I strongly disagree, especially when it's very very possible that you will get filing fees back on something he probably had an assistant draft for him. You miss 100% of the shots you don't take, and I'm not seeing much if any opportunity cost here. I still think small monetary sanctions are a strong possibility, but negatively coloring the Judge's opinion of the opposing counsel itself is worth it.

Plus, never forget that the vast majority of lawyers are nasty pieces of work who love taking scalps for their trophy room.

That's not exactly how it works. Note that Ty did not complain about much more serious misconduct by the defendants. And he just mentions it in a letter to Lemoine. That he can always put all of Lemoine's and defendants sloppiness in one document and destroy him before a judge.

And this is how it should be done properly.

 

[AStupidMonkey]

Oh wait ... is "in a Cracker Jack box" still a thing? I can't remember the last time I saw a box of one, or heard the saying.

You can buy them in stores still, yeah. Last I checked, instead of a crappy plastic junk toy, you now get an even crappier QR code or something that you scan into your phone, and it goes "bing" and does a thing.

But... if everyone is retarded, doesn't that mean no one is?

Like in Animal Farm, all the speds are equal, some more than others. For example:

You forgot to add that notary record books are public information in Texas, and that notaries are required to provide certified copies of it when requested by any person. Which is what Johnson did on 31.09.2019. The fact that a notary decided not to provide the copies but went the "does it matter tho?" way is quiet telling and really alarming both for his standing as a notary and his credibility as a lawyer.

Too bad you didn't actually look up the Texas statutes before spending an entire textbook page whingeing about it. Ahem:

(c) A notary public shall, on payment of all fees, provide a certified copy of any record in the notary public's office to any person requesting the copy.

Ty is not obliged to do any free favors for opposing council. He'd be betraying his client in doing so. Perhaps Mr. Johnson should have followed proper procedure, himself.

Oh. Right. And welcome to the farms, faggot.

 

[I can't imagine]

Complaining about bad behavior of the other side is like a legitimate portion of defense attorney's work in my not a lawyer experience of working in the field. I strongly disagree, especially when it's very very possible that you will at least get filing fees back on something he probably had an assistant draft for him. You miss 100% of the shots you don't take, and I'm not seeing much if any opportunity cost here. I still think small monetary sanctions are a strong possibility, but negatively coloring the Judge's opinion of the opposing counsel itself is worth it.

Plus, never forget that the vast majority of lawyers are nasty pieces of work who love taking scalps for their trophy room.

Here's the thing: Ty may have done something that was wrong, either procedurally or ethically. It's perfectly reasonable, if not necessarily smart, for defense counsel to argue that his behavior is improper, and possibly even ask for something slightly excessive but vaguely defensible, like striking the affidavits. Where it becomes a problem is when you ask for something that's several steps beyond what would be defensible. He outright accused Ty and 3 witnesses of committing a crime. Not only is a court motion a completely inappropriate place to do something like that, he offers, at best, evidence that the crime could possibly have been committed.

Granted, he could have some spectacular evidence that will totally destroy them, but if he doesn't, then he's basically just grandstanding, which rarely impresses a judge. He'll have accomplished nothing but filing a motion that has a worse chance of succeeding than if he'd just gone for the more minor motion.

Beyond that...the motion would've been a shot in the dark in the first place. This sort of thing is something that normal legal cases just bring up to the other counsel, they correct it, and everyone moves on. If they bring it up at all.

 

[wickedlilium]

Vic is pedophile! Vic molest children all the time! Vic preys on children! ..oh we are getting sued Vic doesn't molest children but he tried to have sex with legal twins and ate a jelly bean. I think he cheated on his wife as well.

Oh we can say anything in filings, since it's privileged. Well if you insist.
View attachment 920918

You know, considering Vic's actions wouldn't this statement also apply to others...... Hmmmmm. like Monica, and Jamie? I mean even THEY do actions similar to Vic, as such they should also be legally filed the same as Vic, or accused of the same actions.

 

[Legioneer]

Well, well, well!

Who would have thought?

 

[Urbanmech]

Complaining about bad behavior of the other side is like a legitimate portion of defense attorney's work in my not a lawyer experience of working in the field. I strongly disagree, especially when it's very very possible that you will at least get filing fees back on something he probably had an assistant draft for him. You miss 100% of the shots you don't take, and I'm not seeing much if any opportunity cost here. I still think small monetary sanctions are a strong possibility, but negatively coloring the Judge's opinion of the opposing counsel itself is worth it.

Plus, never forget that the vast majority of lawyers are nasty pieces of work who love taking scalps for their trophy room.

Yea there is a huge difference between bringing up Criminal charges and bringing up misconduct. Once again Lemoine is trying to paint all parties involved in the affidavits as committing fraud. That can backfire really big in his face. If he had only targeted Ty then yea it wouldn't be bad at all to take the shot because Ty knows the law and has a notary, the people giving the affidavits have neither.

 

[Freedom Fries]

May want to read it again, Lemoine wants the whole case thrown out because of it. Also it was not "The night before any hearing" the hearing is still 2 days away. And it was sussed out before any motions were filed and parties were told they were being removed so where is the damage? Lemoine is hoping he can label Ty and the people who gave the affidavits as criminals and getting their testimony and case thrown out. Lemoine would have been better off just going after Ty since he is the Notary and Lawyer instead of people who would take a suggestion from someone in a position to not question it but that would not affect the case if he did.

Asking for the case to be thrown out over this is dumb. Asking for sanctions re: notarial "error" is an obvious play that would practically be malpractice to skip over, and you might as well hit on late filing while you're at it. It makes sense to try and paint Ty and the people providing the "affidavits" in a negative light and try to get the "affidavits" stricken as well since that's sorta his job, though calling the witnesses potential criminals is also dumb. The judge can take or leave that. I already said it probably wouldn't affect the case overall other than the fact that Vic's reply memo is weaker for having to withdraw them, but that sounds like it may have been remedied by a cleaned up supplemental and amending petition for damages. The judge may be fine with that or he might be sorta annoyed at Ty about it.

The damage conceivably would be in the Defendants' counsel having to spend "valuable" time sort out this snafu caused by someone very obviously being lazy and trying to pull one over on them. Judges will also punish bad behavior from attorneys because it's sort of a slap in their face, and by setting an example every once in a while they will have to deal with less of that shit

 

[Urbanmech]

Asking for the case to be thrown out over this is dumb. Asking for sanctions re: notarial "error" is an obvious play that would practically be malpractice to skip over, and you might as well hit on late filing while you're at it. It makes sense to try and paint Ty and the people providing the "affidavits" in a negative light and try to get the "affidavits" stricken as well since that's sorta his job, though calling the witnesses potential criminals is also dumb. The judge can take or leave that. I already said it probably wouldn't affect the case overall other than the fact that Vic's reply memo is weaker for having to withdraw them, but that sounds like it may have been remedied by a cleaned up supplemental and amending petition for damages. The judge may be fine with that or he might be sorta annoyed at Ty about it.

The damage conceivably would be in the Defendants' counsel having to spend "valuable" time sort out this snafu caused by someone very obviously being lazy and trying to pull one over on them. Judges will also punish bad behavior from attorneys because it's sort of a slap in their face, and by setting an example every once in a while they will have to deal with less of that shit

So what's the damage then?

 

[Lord Xenu]

notaries are required to provide certified copies of it when requested by any person. Which is what Johnson did on 31.09.2019

I see a lot of mention of this, here and elsewhere on the net, but he neglected one important step. To pay or make arrangements to pay for this privilege as per Sec. 406.014. NOTARY RECORDS (c): A notary public shall, on payment of all fees, provide a certified copy of any record of official acts in the notary public's book of record to any person requesting the copy.

It's simply a desperate act by the defense or a padding of their billable hours.

I know this is popular reasoning for some of Lemoine's actions. I have an alternative theory for some of the stupidity.

For the most part, a lawyer has to do what you tell them to, particularly ones that want to get paid. If you have a bunch of dumb clients that think they are sidewalk lawyers and are calling and telling you to do stupid shit every time they see something on Twitter and you're already on a payment plan, it's not surprising to think that Lemoine may eventually stop putting up a whole lot of resistance and file that last-minute rubbish on Friday and hope that the next cheque clears.

I have seen the stupid shit Lemoine posts on Twitter, so I am not saying he isn't a total imbecile. Just pointing out that there may be another possibility when he does the shit that someone who has spent the last 19 years practicing in Texas should know is probably not a great idea.

Ty is not obliged to do any free favors for opposing council. He'd be betraying his client in doing so. Perhaps Mr. Johnson should have followed proper procedure, himself.

Oh. Right. And welcome to the farms, faggot.

Ah Fuck, Cougared. I should've refreshed the page.

 

[Urbanmech]

I see a lot of mention of this, here and elsewhere on the net, but he neglected one important step. To pay or make arrangements to pay for this privilege as per Sec. 406.014. NOTARY RECORDS (c)

So that was why Ty was asking for payment to see the records, interesting. And since Jackson and Lemoine refused to pay it gave Ty a legal right to refuse doing what they asked. Definitely have to wait and see on Friday.

 

[Legioneer]

I see a lot of mention of this, here and elsewhere on the net, but he neglected one important step. To pay or make arrangements to pay for this privilege as per Sec. 406.014. NOTARY RECORDS (c): A notary public shall, on payment of all fees, provide a certified copy of any record of official acts in the notary public's book of record to any person requesting the copy.

I know this is popular reasoning for some of Lemoine's actions. I have an alternative theory for some of the stupidity.

For the most part, a lawyer has to do what you tell them to, particularly ones that want to get paid. If you have a bunch of dumb clients that think they are sidewalk lawyers and are calling and telling you to do stupid shit every time they see something on Twitter and you're already on a payment plan, it's not surprising to think that Lemoine may eventually stop putting up a whole lot of resistance and file that last-minute rubbish on Friday and hope that the next cheque clears.

I have seen the stupid shit Lemoine posts on Twitter, so I am not saying he isn't a total imbecile. Just pointing out that there may be another possibility when he does the shit that someone who has spent the last 19 years practicing in Texas should know is probably not a great idea.

In this particular case, I would have been as professional as possible, no matter what.
Many clients still, before using the services of a lawyer, google his name on the Internet.
So by earning an extra dollar here, Lemoine runs the risk of reducing his future income.

 

[Urbanmech]

I am trying to find it but did they resubmit Chuck Huber's sworn statement? And if yes what was it in?